Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Harsh truths about constitutional reform
Prime Minister Andrew Holness (Photo: Karl Mclarty)
Columns
BY JASON GREEN  
April 15, 2025

Harsh truths about constitutional reform

There are some who would see Jamaica’s transition from a constitutional monarchy to a constitutional republic as a historic endeavour, but historic does not always mean it is a step in the right direction, especially since there is no evidence to contradict my long-held assertion that this is becoming a republic for the sake of it just so we can have a president for the sake of it.

The loftiness of it all makes it very easy for anyone to buy into. But after doing careful examination, I am here to expose some harsh truths that those who support this shift tend to overlook.

The first point of contention is that of the final court of appeal. The current model stipulates that final appellate jurisdiction rests with the Judicial Committee of the Privy Council (JCPC). Over the last two decades there has been a debate about replacing the JCPC with the Caribbean Court of Justice (CCJ). This move is one that has already been made by several Caribbean countries. The disagreement is that the Government supports retaining the status quo for now while the Opposition favours the change.

This is somewhat confusing for several reasons. Why would an anti-royal and pro-republic Government be opposed to altering the final appellate court? That makes no sense, especially in light of two additional variables. First, it is much easier to change the final court than it is change the head of State, the latter requires a referendum, whereas the former does not. Second, there have been several judges who sit on the JCPC openly telling us they would rather not hear cases from Jamaica or the rest of the Caribbean, as it takes time away from their other work. In other words, the Law Lords themselves are encouraging us to join the CCJ.

I have yet to hear the King or any other royal tell us they want us gone so they can focus on their other realms, the most I’ve ever heard from the palace is that it is a matter for the Jamaican people to decide. In light of this, it baffles the mind as to why the Government is making no move towards the CCJ although that is much easier than moving us to a republic. And we should not buy the argument about a phased approach. If that were the case, then why not do the easier task first? There is literally no plebiscite required to leave the JCPC, that alone should be incentive enough.

The second concern I have is with the appointment of the president. Yes, you read that correctly — appointment, not election. For all this talk about Jamaica finally asserting itself as a sovereign nation, it seems as though the supreme authority will still be vested in one man; except, instead of King Charles III, it will be Prime Minister Andrew Holness who will get the sole right to determine who the president should be. I know some will argue that the prime minister has to consult the leader of the Opposition. But anybody who has read the fine print will know that the consultation will be merely a courtesy, the prime minister will be the final decider on who the president is. Some will argue that this is exactly how the governor general is chosen. To those I say: What exactly is the material difference between a monarchy and republic?

In a monarchy, sovereignty is vested in the Crown, which means it is the King’s royal prerogative to ask for the prime minister’s advice on who to select as governor general, but in a republic it should be different, no one man should have that power, because a republic vests sovereignty in the people. The idea that a prime minister can remove the actual king and yet maintain royal prerogatives akin to a king is rooted in hypocrisy. The current system works because the Crown is politically neutral and hence his representative can also be politically neutral. The Government’s proposal destroys any air of political neutrality that the head of State can have.

The current constitution is honest, because the governor general does not pretend to represent popular sovereignty, he represents the sovereignty of the Crown and we know this, not everyone likes it, but no one is deceived into thinking it is something that it is not. The new proposal is rooted in an attempt to hoodwink the Jamaican people into thinking that the president is their representative when the truth is that he is wholly a creature of the prime minister, completely incapable of being truly neutral. This would not be because of any personal, political, or moral failings on the president’s part, but simply the way his office operates. In other words, it is a purposely built-in feature.

In a country that is so heavily tribalised between supporters of both sides of the aisle, that is the last thing we need. And if anyone doubts how divided we are, just look at the sharp divergence between the Government and Opposition, to the point that the Opposition has all but boycotted sitting of the parliamentary committee on this matter.

I am aware that supporters of the Government’s republic agenda will criticise the Opposition for refusing to participate. Some even go as far as claiming that the Opposition is holding the country hostage, but that is demonstrably untrue, because regardless of what the Opposition does or says, the Government is moving full speed ahead without them. So the Opposition is not holding the country hostage, it is the Government that is refusing to listen to anyone or anything that does not fit its agenda. For people who give lip service to democracy, they are certainly moving in an autocratic fashion, but they say the monarchy is antithetical to democracy? They should look closer to home instead of throwing that charge at anyone else’s door.

And speaking of Opposition, has anyone seen the proposal for Senate reform? The current system has 21 senators, 13 from the Government and eight from the Opposition, which means that any Bill which requires a two-thirds majority would need at least one Opposition senator to break ranks and join the Government. The new Senate being proposed would have 27 senators, 15 from the Government, nine from the Opposition, and three “independent” senators appointed by the president.

But, as I explained earlier, the president appears neutral but is truly not, which, in essence, means 18 senators siding with the Government compared to nine from the Opposition. This means that the two-thirds protection built into the current constitution will not be a feature of the new one. No doubt the Government was not counting on those with keener eyes to take notice of this. Is it trying to pull the wool over the eyes of the Jamaican people, who they need to buy into its propaganda? This is the reason it is not so keen on listening to any dissenting voice, whether it be from the Opposition or ordinary citizens.

This brings me to my message to the Jamaican people, and it is simple: We have but one chance to halt this and it is to turn out and vote “no” to this republic. Any idea that puts forward the notion that this is for the benefit of the Jamaican people is a falsehood. The truth, in my opinion, is that those against the Crown have sold us an illusion that our national pride and self-determination will be boosted by voting for their agenda, but the truth is that self-determination and national pride will be just as powerful by voting against them because that is what we, the people, have decided.

Our worth as Jamaicans is not rooted in presidential titles or republican aspirations but rather in the fact that as a collective we can stand up and speak truth to power, making it clear that we are wiser than they are, we see right through them and will not allow them to deceive us into giving them more power to do as they like.

 

jaeson.greene@outlook.com

The Judicial Committee of the Privy Council sits at the Supreme Court of the UK in London.

King Charles III Jonathan Brady

The Caribbean Court of Justice is the final Court of Appeal on civil and criminal matters for four Caricom member states. Jamaica isn’t one of them..

{"xml":"xml"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

WATCH: NCB Foundation commends Black River community stalwart
Latest News, News
WATCH: NCB Foundation commends Black River community stalwart
December 27, 2025
ST ELIZABETH, Jamaica — A long-serving community volunteer whose quiet acts of kindness have touched generations in Black River was on Saturday recogn...
{"jamaica-observer":"Jamaica Observer"}
Zachary Harding faces questioning in SSL fraud saga
Latest News, News
Zachary Harding faces questioning in SSL fraud saga
December 27, 2025
Having previously declared that “my hands are clean”, former CEO of Stocks and Securities Limited (SSL) Zachary Harding, is now facing questions from ...
{"jamaica-observer":"Jamaica Observer"}
GraceKennedy mourns passing of business leader Mable Tenn
Latest News, News
GraceKennedy mourns passing of business leader Mable Tenn
December 27, 2025
KINGSTON, Jamaica — GraceKennedy has expressed deep sadness at the passing of businesswoman and former director Mable Tenn. In a release, GraceKennedy...
{"jamaica-observer":"Jamaica Observer"}
Three taken into custody in relation to SSL fraud probe
Latest News, News
Three taken into custody in relation to SSL fraud probe
December 27, 2025
KINGSTON, Jamaica — Three individuals have been taken into police custody following a coordinated early-morning operation by multiple law enforcement ...
{"jamaica-observer":"Jamaica Observer"}
Man slapped with multiple charges including murder
Latest News, News
Man slapped with multiple charges including murder
December 27, 2025
KINGSTON, Jamaica — A 25-year-old man has been charged with murder, possession of a prohibited weapon, unauthorised possession of ammunition and makin...
{"jamaica-observer":"Jamaica Observer"}
Jackson welcomes security operations in SSL fraud case
Latest News, News
Jackson welcomes security operations in SSL fraud case
December 27, 2025
KINGSTON, Jamaica — Opposition Spokesman on National Security and Member of Parliament Fitz Jackson has welcomed the start of security operations link...
{"jamaica-observer":"Jamaica Observer"}
Woman dies in motor vehicle crash in Trelawny
Latest News, News
Woman dies in motor vehicle crash in Trelawny
December 27, 2025
TRELAWNY, Jamaica — A woman is now dead and a man nursing injuries following a motor vehicle collision along the One Mile main road in Falmouth Saturd...
{"jamaica-observer":"Jamaica Observer"}
SLB to further enhance digital portal as part of ongoing transformation
Latest News, News
SLB to further enhance digital portal as part of ongoing transformation
December 27, 2025
KINGSTON, Jamaica — The Students’ Loan Bureau (SLB) is looking to further enhance its digital portal, a move that underscores the role of technology i...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct